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Patna High Court

AMIT YADAV @ AMIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions, finding procedural lapses in the seizure and noting his clean antecedent.

Summary

The petitioner, Amit Yadav, sought anticipatory bail in connection with a case (Triveniganj P.S. Case No. 473 of 2024) alleging offences under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case is based on a co‑accused’s confessional statement and the recovery of a motorcycle number plate from the petitioner’s house. The petitioner contended that the seizure of the number plate did not follow the procedural requirements of Sections 103 and 105 of the B.N.S.S., 2023, and highlighted his clean antecedent. The State opposed the grant of anticipatory bail. The Court, noting the procedural lapse in the seizure and the petitioner’s lack of prior criminal record, granted anticipatory bail subject to a bond, sureties and several conditions under Section 482(2) of the B.N.S.S. The order directs the petitioner to surrender within four weeks and comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances.
  • Whether the seizure of the motorcycle number plate violated the procedures prescribed in Sections 103 and 105 of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • procedural lapse
  • seizure of evidence
  • number plate
  • clean antecedent
  • Bhartiya Nyaya Sanhita
  • Section 334
  • Section 303
  • Section 103
  • Section 105
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89207 of 2025
                    Arising Out of PS. Case No.-473 Year-2024 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Amit Yadav @ Amit Kumar S/O- Deep Narayan Yadav R/V- Nishiharpur Ps-
                 Shankarpur Dist- Madhepura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjit Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   23-02-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Triveniganj P.S. Case No. 473 of 2024 dated 14.11.2024

                   registered for the offence punishable under Section/s 334(1) &

                   303(2) of the Bhartiya Nyaya Sanhita, 2023.

                           3. As per the prosecution case, some unknown persons

                   have committed theft in the shop of the Informant by breaking

                   locks and therein 10 sacks of wheat, cash of Rs. 10,000/- and

                   one motorcycle Pulsar bearing Regd. No. BR50AB 9969, water

                   motor & goods wroth Rs. 25,000/- were removed.

                           4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired in this case on the basis of

                   confessional statement of the co-accused Raghu Sardar while
Patna High Court CR. MISC. No.89207 of 2025(3) dt.23-02-2026
                                            2/3




          only number plate of the motorcycle, in question, is alleged to

          have been recovered from the house of the petitioner. It is next

          submitted that while making seizure of the number plate, the

          procedure, as stipulated under Sections 103 and 105 of the

          B.N.S.S.,2023, has not been followed. Lastly, it is submitted

          that the petitioner is a person of clean antecedent.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that while making seizure of the number

          plate of the alleged motorcycle, the procedure as stipulated

          under Sections 103 and 105 of the B.N.S.S.,2023 has not been

          followed as also the petitioner having no criminal antecedent,

          this Court is inclined to grant anticipatory bail to the petitioner.

                  7. Accordingly, let the petitioner, above named, be

          released on anticipatory bail in the event of his arrest or

          surrender before the court below within a period of four weeks

          from today on furnishing bail bond of Rs. 10,000/- (rupees ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Chief Judicial Magistrate-I,

          Supaul in connection with Triveniganj P.S. Case No. 473 of

          2024, subject to the condition as laid down under Section 482(2)
              Patna High Court CR. MISC. No.89207 of 2025(3) dt.23-02-2026
                                                           3/3




                        of the B.N.S.S. as well as the following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall who shall

                        provide official document / personal affidavit to show his/her

                        bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds;

                                (iv) the petitioner(s) shall desist from committing any

                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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